Key Concepts of Guardianship and Parenting Responsibilities

Under Canadian law, guardianship means far more than legal papers—it gives you the important right to make decisions that will shape your child's entire life. 

There is no concept of custody in British Columbia.  Parents are guardians of a child in British Columbia, and only guardians can exercise parenting responsibilities which include:

1. Making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child;
2. Making decisions respecting where the child will reside;
3. Making decisions respecting with whom the child will live and associate;
4. Making decisions respecting the child’s education and participation in extracurricular activities, including the nature, extent and location;
5. Making decisions respecting the child’s cultural. Linguistic, religious and spiritual upbringing and heritage, including if the child is an Indigenous child, the child’s Indigenous identity;
6. Giving, refusing or withdrawing consent to medical dental and other health related treatments for the child;
7. Applying for a licence, passport, permit, benefit, privilege or other thing for the child;
8. Giving, refusing or withdrawing consent for the child, if consent is required;
9. Receiving and responding to any notice that a parent or guardian is entitled or required by law to receive;
10. Requesting and receiving from third parties health, education or other information respecting the child;
11. Subject to any applicable provincial legislation,

• starting , defending, compromising or settling any proceeding relating to the child, and
• Identifying, advancing and protecting the child’s legal and financial interests

12. Exercising other responsibilities reasonably necessary to nurture the child’s development.

Parenting Responsibilities can be shared between the guardians or one guardian can exercise all or the majority of the parenting responsibilities depending on what is best for the family.

Guardians can exercise parenting time with the child depending again on what is best for the family.  Every family situation is different, and courts consider what works best for your specific circumstances.

 Determining Custody in the Child's Best Interests

The only thing that family court considers when making a decision related to a child is whether such a decision is in the child’s best interests.  The factors that are considered include: 

• The child’s health and well-being;
• The child’s views, unless it would be inappropriate to consider them;
• The nature and strength of the relationships between the child and significant persons in the child’s life;
• The history of the child’s care;
• The child’s need for stability, given the child’s age and stage of development;
• The ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;
• The impact of any family violence on the child’s safety, security or well-being weather the family violence is directed at toward the child or another family member;
• Whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child’s needs;
• The appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase an risks to the safety, security or well-being of the child or other family members;
• Any civil or criminal proceeding relevant to the child’s safety, security or well-being.

Children are already dealing with a lot during separation, courts only consideration when making a decision regarding a child is that particular child’s best interests.

Child Support

Parenting decisions carry built-in financial responsibilities that courts calculate through careful review of each parent's earning ability, your child's specific needs, and the changed family situation after separation. Having clear financial arrangements helps prevent future conflicts.